A Different Kind of Mortgage Crisis

This Friday is a very important day for my dear friend. You see, that's when the courts will decide whether he'll keep his home or lose it forever. The prospect of losing your home is frightening, even terrifying, but for my friend it's a horrible and personal heartache. His grandparents scrimped and saved and built that house the year that he was born. Raised by a hard-working single mom, he spent a lot of his childhood moving, but his grandparent's house was the one place that was always constant. It was the one place he always called home.

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When his grandparents died, their three children decided to put the home up for sale. My friend and his wife purchased the house (in addition to their primary residence) so that it would stay in the family. He was in a sound financial position at the time, but then along came the recession and a long, drawn-out divorce. The home became his primary residence. One missed payment turned to two and, well, you know how it goes.

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My friend did everything right. He called the bank immediately to explain his situation and make good. But there was one problem: The bank lost the paperwork and had no record of the deed, making negotiations impossible. They even refused to take his money and eventually stopped returning his calls. It's now three years later (yes, three) and after thousands upon thousands of dollars in lawyer's fees he will finally get his day in court. The bank (a very well known institution) says they own the house but have no way to prove it. My friend is not looking to get it for free; he just wants to pay for it and get on with his life like everyone else. Living in limbo and not knowing is what is killing him most.

This is the secret mortgage crisis that you don't hear about everyday. In fact, after hours of trying to research this situation––how it can happen and if it's happened before––he came up with nothing. Even my friend's lawyer is stumped and hasn't seen a case like it.

What is the lesson to be learned? Even for those who do everything right financially, it's still possible to become a victim. Whether it's a rare case like this or something like identity theft, a Ponzi scheme or donating funds to a non-existent charity, you must always make sure that you've crossed your T's and dotted your I's and left a solid paper trail behind you.

My friend could be celebrating on Friday night or he could be packing up his grandparent's home due to sudden eviction. I will keep you informed.